Essential points
- It is unlawful to discriminate against someone because they possess one of the ‘protected characteristics’ named in the Equality Act 2010. This includes disability.
- Disability discrimination protection under the Equality Act is more extensive than most other areas of discrimination protection as it includes the positive duty to make reasonable adjustments.
- Reasonable adjustments apply in situations where a person with a disability is placed at a substantial disadvantage compared to a person without a disability. A substantial disadvantage is more than a minor or trivial disadvantage.
- Under the Equality Act 2010, disability is defined as a physical or mental impairment that has a substantial long-term, adverse effect on the ability to carry out normal day-to-day activities. In 2023, an additional clause was added to the definition to include ‘normal’ day-to-day work activities.
- Information on disability discrimination in Northern Ireland is available on the Equality Commission for Northern Ireland website.
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Please note
While every care has been taken in compiling this content, the CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice.
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